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THERATX, INC. v. DUNCAN

No. 99-11451.

254 F.3d 1275 (2001)

THERATX, INC., Plaintiff-Counter-Defendant-Appellee-Cross-Appellant, v. James DUNCAN, Timothy S. Smick, et al., Defendants-Counter-Claimants-Appellants-Cross-Appellees.

United States Court of Appeals, Eleventh Circuit.

DECIDED June 25, 2001.

Attorney(s) appearing for the Case

Robert Leonard Rothman, Richard A. Mitchell, Arnall, Golden & Gregory, Atlanta, GA, for Defendants.

Jo Beth Eubanks, R. Laurence Macon, Rebecca Simmons, Akin, Gump, Strauss, Hauer & Feld, LLP, San Antonio, TX, for Theratx, Inc.

Before BIRCH, BARKETT and ALARCON, Circuit Judges.

BIRCH, Circuit Judge:

In TheraTx, Inc. v. Duncan, 234 F.3d 1240 (11th Cir.2000), we certified the following question to the Supreme Court of Delaware:

What is the proper measure of damages when a defendant's contractual obligation to cause a shelf registration, under which plaintiff is entitled to trade a restricted stock, to remain in effect for a specified period of time is breached by defendant's temporary suspension...

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